Relations Between The Branches AO1 Flashcards
What was the outcome of the Factortame Case (1990)?
The ECJ struck down an Act of Parliament.
What influences a country’s power in the EU?
A bigger population leads to more influence in the EU.
What was Major’s opt-out regarding the EU?
Major opted out of the EU social chapter.
What was the UK’s opt-out related to?
The UK opted out of Prisoner voting rights.
How many referendums did the UK have before 1997?
Before 1997, the UK had only 4 referendums.
How many national referendums has the UK had since 1997?
Since 1997, there have been 8+ national referendums and more regional.
What convention had to be followed after the Brexit referendum?
The Brexit referendum outcome had to be followed as a convention.
What did the 2014 Inderef lead to?
The 2014 Inderef led to devolution in Scotland.
What significant acts were made without a referendum?
The 1999 Lords Reform Act and the 2005 Constitutional Reform Act were made without a referendum.
What is the AMS used for in Wales and Scotland?
Wales and Scotland have different legislation on tuition fees, but both use the Additional Member System (AMS).
What is being discussed in Scotland related to Inderef?
There is talk of Inderef 2 in Scotland.
What power did Westminster recall regarding Northern Ireland?
Westminster recalled the transfer of power several times with the Northern Irish Assembly.
What happened to Blair in Parliament until 2005?
Blair suffered no defeats in Parliament until 2005.
What intervention did May make in 2018?
May intervened with Syria without a vote in Parliament.
What happened to May’s Brexit deal in Parliament?
May’s Brexit deal suffered 3 consecutive defeats in Parliament.
What was the outcome of Cameron’s vote regarding military action?
Cameron’s vote to send military to Syria was rejected by Parliament.
What is the state of separation of powers in the UK?
There is no separation of powers or codified constitution.
When was the Supreme Court established?
The Supreme Court was established on October 1, 2009.
What was the Miller case (2016) about?
The Miller case was about where constitutional powers lie (government or all of Parliament).
Why are Supreme Court judges considered not democratic?
Supreme Court judges aren’t elected.
What was ruled incompatible with ECHR in 2004?
The 2004 prisoners voting rights ban was ruled incompatible with ECHR, challenging Parliamentary sovereignty.
What was the outcome of Johnson’s advice to prorogue Parliament in 2019?
Johnson’s advice to prorogue Parliament was ruled unlawful.
What evidence did Cummings provide in 2011?
Cummings provided 7 hours of evidence against Johnson about the handling of the pandemic.
What is the basis of the government’s democratic power?
The government’s democratic power is based in Parliament.
What was ruled ultra vires in 2010?
Brown’s Asset Freezing was ruled ultra vires.
What are examples of declarations of ultra vires?
2019: Prorogation (Johnson), 2010: Asset Freezing (Brown).
What are examples of declarations of incompatibility?
2001: Anti-terrorism Crime and Security Act, 2004: Civil Partnerships Act.
What does the Supreme Court uphold?
The Supreme Court upholds the rule of law, strengthening Parliamentary sovereignty.
What additional powers has the Supreme Court taken on?
The Supreme Court has taken on additional powers at the expense of Parliament.
What did the Supreme Court rule in 2021 regarding Scottish government Bills?
The Supreme Court ruled that parts of 2 Scottish government Bills were outside the legislative competence of the Scottish Parliament.
What was the outcome of Trump vs. Scottish ministers in 2015?
Trump ruled against the Scottish ministers.
How are judges appointed in the UK?
Judges are appointed until retirement.
What was ruled unlawful in 2023?
The Rwanda scheme was ruled unlawful.
What cases were ruled against in relation to Belmarsh prison?
The Belmarsh prison case and control orders were ruled against.
What does the Human Rights Act (HRA) increase?
The HRA is externally determined, increasing independence.
What is the representation of female and ethnic minority judges in 2017?
Only 1/5 of High Court judges are female, and ethnic minority judges are well below the 1/10 needed to be representative.
Where do most judges come from?
Judges are overwhelmingly from Oxbridge/public school.
What was determined in Donoghue v Stevenson (1932)?
It determined whether a duty of care exists between parties in negligence cases.
What is the Judicial Diversity & Inclusion Strategy (2020-2025)?
It aims to improve diversity in the judiciary.
What power does the Lord Chancellor have regarding judicial appointments?
The Lord Chancellor can reject Judicial Appointment Commission’s nominations.
What happened in 2011 regarding judicial appointments?
Ken Clarke (Lord Chancellor) rejected two members selected.
What was the impact of the 2005 Constitutional Reform Act?
It increased independence by separating the Supreme Court from the House of Lords and establishing the Judicial Appointments Commission.
What scandal involved Prince Charles?
The Black spider memos scandal involved Prince Charles’ involvement in political decisions.
What does Article 50 imply about the Judiciary?
Article 50 means the Judiciary is too independent.
What was the outcome of the 2009 bank overdraft cases?
Victims didn’t get refunded, showing the Supreme Court prioritizes law over emotion.
What was the ruling regarding the two-child benefit cap?
The two-child benefit cap was ruled to be legal.
What happened in 2011 regarding prisoners’ voting rights?
MPs voted to keep the Prisoner’s voting rights ban.
What has happened to judicial reviews since the Human Rights Act?
There has been a rise in judicial reviews since the second implication of the Human Rights Act.
What challenge was made regarding funding cuts to Lewisham Hospital?
Jeremy Hunt’s funding cuts were challenged via judicial review in 2013.
What was the outcome of the 2013 Books for Prisoners case?
The case highlighted issues regarding prisoners’ rights.
What did the 2015 Criminal Justice and Courts Act state?
It stated that judicial reviews must be brought by the claimant, not a secondary party, decreasing judicial reviews by 44%.
What changes occurred in 2022 regarding executive decisions?
There were more chances for the executive to avoid decisions being declared illegal and quashed.
What did the Conservatives want to replace the Human Rights Act with?
The Conservatives wanted to replace the Human Rights Act with a British Bill of Rights.
